Elucent Social Competition Terms & Conditions GAME OF CHANCE – INSTAGRAM and FACEBOOK PROMOTION
1. Information on how to enter this Promotion forms part of these Terms and Conditions.
2. Completion of the Entry Procedure and participation in this Promotion is deemed acceptance of these Terms and Conditions.
3. This Promotion is being coordinated by the Promoter Ego Pharmaceuticals Pty Ltd ABN 86 005 142 361 of 21-31 Malcolm Rd, Braeside VIC 3195. Any reference to Ego Pharmaceuticals or Elucent includes and is intended to be a reference to the Promoter also.
4. Any questions or comments regarding the Promotion should be directed to the Promoter and not to Instagram or Facebook. This Promotion is not sponsored, endorsed or administered, or associated with Instagram or Facebook.
Definitions
5. In these Terms and Conditions and the Promotion, the following terms have the meaning set out below:
Promotion Period
Entries into the Promotion open on 17/1/22 and close at 11:59PM AEDT on 06/2/22 ("Promotional Period").
Facebook means the social networking site available www.facebook.com which members of the public can join (subject to the terms and conditions of Facebook)
Facebook Account an account with Facebook set up by a Facebook Member
Facebook Member a person who has registered, been accepted as, and continues to be a member of Facebook and bound by Facebook terms and conditions
Eligibility Criteria
persons that:
(a) are residents of Australia aged 18 years of age or older;
(b) are an Instagram Member or Facebook Member with a current Instagram Account or Facebook Account;
(c) are eligible to take the Prize when required.
Entrant a person that meets the Eligibility Criteria and completes an Entry into the Promotion in accordance with these Terms and Conditions
Entry is the result of completing the Entry Procedure in accordance with these Terms and Conditions and includes all content (which includes without limitation any text, images, photos or videos) that is submitted, uploaded, published, created, communicated or used as part of the Entry Procedure
Entry Procedure
Entrants must, during the Promotional Period:
(a) click on the link at www.woobox.com/jqn4sx which will appear in advertisements on Instagram and Facebook during the Promotional Period;
(b) provide first name, last name and email address;
(c) accept these Terms and Conditions;
Instagram means the social networking site available at www.instagram.com which members of the public can join (subject to the terms and conditions of Instagram)
Instagram Account an account with Instagram set up by an Instagram Member
Instagram Member a person who has registered, been accepted as, and continues to be a member of Instagram and bound by Instagram terms and conditions
Maximum Number of Entries: 1 per person who meets the Eligibility Criteria.
Prize
Prize will be dispatched within 28 days of receiving the winner(s) email address:
1 x Ego Eshop Elucent Gift Voucher valued at $500 (subject to the terms and conditions of the voucher) – not redeemable for cash.
Total Prize Pool: $500
Winner means the winner entitled to the Prize
6. In addition, unless otherwise stated, in these Terms and Conditions:
a) All monetary values are in Australian Dollars;
b) All values and amounts that appear in these Terms and Conditions are inclusive of GST (if applicable);
c) Headings are for reference purposes only.
Eligibility
7. Participation in this Promotion is only open to those persons who meet the Eligibility Criteria.
8. Employees (and their immediate families) of the Promoters are ineligible to enter. Immediate families include: spouse, child (natural or adopted), parent, grandparent, siblings, uncle, aunt, niece, nephew or cousin (by blood, marriage or relationship).
9. The Promoter reserves the sole right, at any time, to verify the eligibility of an Entrant and to not accept any Entrant that does not meet the Eligibility Criteria.
10. Any costs associated with meeting the Eligibility Criteria must be met by that person seeking to become eligible and not the Promoter.
Entry
11. This Promotion is a game of skill and chance plays no part in determining the Winner.
12. To enter, eligible persons must complete the Entry Procedure during the Promotion Period.
13. Entries not completed in accordance with these Terms and Conditions will be rejected and any late, incomplete, indecipherable or illegible Entries will be deemed invalid. Entries will be deemed accepted if meeting the Eligibility Criteria at the time of receipt by the Promoter and not at the time of transmission.
14. Where the Entry Procedure caps the maximum number of words allowed, only the first words up to that cap will be considered as part of the Entry and all subsequent words will be disregarded. Each image will be counted as one word.
15. Entrants are limited to the Maximum Number of Entries. Multiple Entries (where permitted) must be submitted separately and be substantially unique to the previous Entries. Where an Entrant attempts to submit more than the Maximum Number of Entries, all additional or subsequent Entry(s) will be disqualified and ineligible for a Prize.
16. Where an Entry is capable of being edited, the time of the edit will be deemed to be the time that the Entry was submitted and only the final edited Entry will be considered. Any Entry that is edited after the Promotion Period will be disregarded.
17. Each Entry must be relevant to the Promotion as determined by the Promoter in their absolute discretion. The Promoter reserves the right to review the Entries during the Promotion Period and remove and reject any which are offensive, inappropriate, defamatory or otherwise not in keeping with the spirit of the Promotion.
18. The Promoter reserves the right, at any time, to verify compliance with the Entry Procedure, and to disqualify any Entrant that tampers, interferes or manipulates the Entry Procedure.
19. Errors and omissions may be accepted at the Promoter’s sole discretion however failure by the Promoter to enforce any of their rights at any stage does not constitute a waiver of those rights.
20. Any costs associated with applying, entering or participating in the Promotion (including internet access and download charges) will be at the cost of the Entrant.
21. If an Entrant would like to remove their Entry from publication on Instagram or from Facebook for consideration for a Prize, they must request removal via Private Message to the Ego Instagram Account or Facebook Account which request will be attended to within 14 days of a request being made. Once removed, that Entry will no longer be eligible for a Prize.
Consents and warranties on entry
22. Entrants agree to their Entry being used by the Promoter in the future and grant them a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable transferable licence to use, reproduce, modify, adapt, publish and display the Entry for any purpose in any media without compensation, restriction on use, attribution or liability. Entrants warrant that they have full authority to grant these rights and will not assert any moral rights in respect of the Entry.
23. Entrants warrant and agree that:
a) They will not submit, produce, upload or share any content that is fraudulent, or may be in breach of any intellectual property, privacy or other rights;
b) No rights in the Entry have been previously granted to any person, corporation or entity;
c) They will obtain full prior consent from any person who has jointly created or has any rights in the Entry or who appears (or whose property appears) in the content forming part of the Entry;
d) They will comply with all applicable laws and regulations including without limitation those governing copyright, content, defamation, privacy, publicity and the access of use of others' computer or communication systems.
24. Without limiting the above, the Entrant fully indemnifies the Promoter against all loss, damages and costs incurred by the Promoter as a result of any breach of the above warranties.
25. Entrants understand, acknowledge and agree that:
a) Their Entry (or parts thereof) may be posted on the Promoter’s website and available for public viewing; and
b) By participating in this Promotion, information, links or names may be displayed on the Instagram App or Facebook App or their Instagram or Facebook news feed or account.
26. Unless expressly permitted by these Terms and Conditions and separately agreed in writing, participation in this Promotion does not entitle any person or Entrant to use any of the Promoter’s intellectual property rights (including any trademark or content) for any purpose.
Prize
27. The first entry drawn as determined by the Promoter will win a Prize.
28. The Winner will be notified by direct message on Instagram or Facebook within 14 days of a determination being made.
29. The total Prize Pool Value for this Promotion is specified in clause 5.
30. The Promoter will use its reasonable endeavours to deliver the Prize to the Winner within 28 days of being selected pursuant to the above clauses.
31. If the Promoter are unable to contact a Winner, or the Winner does not claim their Prize within three (3) months of being notified they are a Winner, then that Winner will forfeit their Prize and no cash or other prize will be awarded in lieu.
32. It is an Entrant’s responsibility to notify the Promoter if their personal details change during the Promotion Period. If a Winner fails to provide a valid or complete address for delivery of the Prize, or delivery has not been successful to an address provided (after reasonable attempts by the Promoter the Prize shall be forfeited by the Winner.
33. Prize is not transferable or exchangeable and cannot be taken as cash. If any Prize is unavailable, the Promoter may at its discretion substitute the Prize with a prize of equal value.
34. If a Prize includes a voucher, the voucher is only valid until the expiry date specified on the voucher or by the provider, and is subject to the terms and conditions imposed by the provider. The Promoter will not be liable for any voucher that is lost, stolen, damaged or tampered with after it is awarded
35. As a condition of accepting a Prize, a Winner may be requested to sign legal documentation in the form required by the Promoter including a release and indemnity form.
Limitation of Liability
36. To the extent permitted by law, the Promoter (and their respective officers, contractors, employees, agents and representatives) will not be liable for any personal injury, loss (including loss of opportunity), damage (including, but not limited to, direct, indirect or consequential loss), cost, expense or claim arising from or in relation to:
a) the Promotion;
b) any Entry or the Entry Procedure;
c) any variation in the value of a Prize;
d) any tax liability incurred as a result of being awarded a Prize;
e) any Prize that is late, lost, altered, damaged or misdirected; or
f) the use of the Prize.
Variation to Promotion
37. The Promoter may in its absolute discretion, but subject to State and Territory laws, modify, suspend, cancel, recommence or extend this Promotion as appropriate if:
a) for any reason, this Promotion is not capable of running as planned due to technical, hardware or software failures or interferences, or changes to third party sites or platforms, which affect the administration, operation, security, fairness, integrity or proper conduct of the Promotion;
b) the level of interest or participation in the Promotion is insufficient or there has been some delay in commencing the Promotion; or
c) the Entry Procedure, determination of Winner or delivery of Prize is prevented, hindered or affected by any external agent or event beyond the reasonable control of the Promoter.
Instagram and Facebook Acknowledgements
38. Participation in this Promotion is considered acceptance of the following:
a) a complete release of Instagram and Facebook for any liability whatsoever of the Entrant;
b) an acknowledgement that this Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook; and
c) that the information provided by each Entrant is provided to the Promoter and not to Instagram or Facebook.
39. Participation is conditional upon the Entrant complying with all rules, regulations and guidelines set down and amended by Instagram or Facebook from time to time.
Personal Information
40. All Entries become the property of the Promoter.
41. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.egopharm.com/au/en/privacy.html. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the claimant. The Privacy Policy also contains information about how claimants may opt out, access, update or correct their PI, how claimants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter
General
42. If any term or condition of these Terms and Conditions or the application thereof to any person or any circumstance shall be or become illegal, invalid or unenforceable, the same shall be read down, if such reading down is possible, and if found to be impossible, shall be severed and the remaining terms, agreements and conditions shall not be affected.
43. If the Prize (or part thereof) is to be provided to the Promoter by a third party, the Prize is subject to the terms and conditions of the third party prize supplier and the provision of the Prize is the sole responsibility of the third party not the Promoter. The terms and conditions which apply to the Prize at the time it is issued to the winner will prevail over these Terms and Conditions, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize, any delay or failure relating to the Prize itself or failure by the third party to meet any of its obligations in these Terms and Conditions or otherwise.
44. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
45. These Terms and Conditions are to be interpreted in accordance with the laws of the State of Victoria and all parties submit to the non-exclusive jurisdiction of the Courts of that State.
